State Supreme Court Justice Larry Starcher canceled a public hearing scheduled for today on whether he should recuse himself from a multimillion-dollar appeal involving Massey Energy.

Wednesday's cancellation came after the court voted 5-0 to deny a petition by Massey to prevent Starcher from holding the hearing. The two actions - the denial of the Massey petition and Starcher's cancellation of the hearing - were announced in the same order from the court.

"The order speaks for itself and upholds the inherent power of the court and how it conducts its affairs," said Supreme Court spokeswoman Jennifer Bundy. "The court denied the writ and Justice Starcher cancelled the hearing."

In a separate statement Wednesday, Starcher said, "Although I would have much preferred to have addressed the issue of Massey's influence on the court in an open-to-the-public forum, I am satisfied that the court has unanimously voted to refuse Massey's petition to stop the hearing as having no legal merit."

He noted that the court would soon discuss the matter during a private administrative proceeding, and said, "I agreed to withdraw my notice for a hearing at this time."

Instead, he said he now plans to ask Massey for more information "by the use of written interrogatories."

Massey is appealing a Brooke County jury verdict from last July that requires the company to pay $240 million in damages for failing to deliver coal to Wheeling-Pittsburgh Steel Corp. under a long-term supply contract.

In two recent motions, Massey's lawyers have asked Starcher to recuse himself because he has publicly criticized Massey chief executive Don Blankenship. The second motion, filed on Friday, mentions a national ABC News interview in which Starcher "chose to publicly repeat his charge that Massey's chairman had created a 'cancer' on the court." ABC News aired its story on Monday.

Chief Justice Elliott "Spike" Maynard has already recused himself from all cases involving Massey since January, when lawyers in another case filed photographs with the Supreme Court showing Blankenship and Maynard together on vacation on the French Riviera.

Frank Jolliffe, a retired circuit judge from Greenbrier County, replaced Maynard in the deliberations preceding Wednesday's order.

Another justice, Brent Benjamin, has refused to step down from any cases involving Blankenship and Massey. Blankenship spent about $3.5 million of his personal money to help Benjamin get elected in 2004.

On Feb. 15, Starcher agreed to step down from hearing Massey's appeal of a Boone County verdict in favor of Harman Mining and its owner, Hugh Caperton.

Last Thursday, the Supreme Court ruled 3-2 in Massey's favor, dismissing the verdict, now worth $77 million. Harman and Caperton plan to appeal that ruling to the U.S. Supreme Court.

To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.

State Supreme Court Justice Larry Starcher canceled a public hearing scheduled for today on whether he should recuse himself from a multimillion-dollar appeal involving Massey Energy.

Wednesday's cancellation came after the court voted 5-0 to deny a petition by Massey to prevent Starcher from holding the hearing. The two actions - the denial of the Massey petition and Starcher's cancellation of the hearing - were announced in the same order from the court.

"The order speaks for itself and upholds the inherent power of the court and how it conducts its affairs," said Supreme Court spokeswoman Jennifer Bundy. "The court denied the writ and Justice Starcher cancelled the hearing."

In a separate statement Wednesday, Starcher said, "Although I would have much preferred to have addressed the issue of Massey's influence on the court in an open-to-the-public forum, I am satisfied that the court has unanimously voted to refuse Massey's petition to stop the hearing as having no legal merit."

He noted that the court would soon discuss the matter during a private administrative proceeding, and said, "I agreed to withdraw my notice for a hearing at this time."

Instead, he said he now plans to ask Massey for more information "by the use of written interrogatories."

Massey is appealing a Brooke County jury verdict from last July that requires the company to pay $240 million in damages for failing to deliver coal to Wheeling-Pittsburgh Steel Corp. under a long-term supply contract.

In two recent motions, Massey's lawyers have asked Starcher to recuse himself because he has publicly criticized Massey chief executive Don Blankenship. The second motion, filed on Friday, mentions a national ABC News interview in which Starcher "chose to publicly repeat his charge that Massey's chairman had created a 'cancer' on the court." ABC News aired its story on Monday.

Chief Justice Elliott "Spike" Maynard has already recused himself from all cases involving Massey since January, when lawyers in another case filed photographs with the Supreme Court showing Blankenship and Maynard together on vacation on the French Riviera.

Frank Jolliffe, a retired circuit judge from Greenbrier County, replaced Maynard in the deliberations preceding Wednesday's order.

Another justice, Brent Benjamin, has refused to step down from any cases involving Blankenship and Massey. Blankenship spent about $3.5 million of his personal money to help Benjamin get elected in 2004.

On Feb. 15, Starcher agreed to step down from hearing Massey's appeal of a Boone County verdict in favor of Harman Mining and its owner, Hugh Caperton.

Last Thursday, the Supreme Court ruled 3-2 in Massey's favor, dismissing the verdict, now worth $77 million. Harman and Caperton plan to appeal that ruling to the U.S. Supreme Court.

To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.